Mother wins payout over abnormal baby

By Angela Xu  |   2008-6-11  |     NEWSPAPER EDITION

A LOCAL, privately-owned medical center has been ordered to pay 230,000 yuan (US$32,857) in compensation to a Japanese mother whose baby was born with a congenital deformity because it had not informed her of the possibility that she was carrying an abnormal fetus.

It was the city's first lawsuit concerning a mother's right to know about her medical condition during pregnancy, judges of the Jing'an District People's Court said.

The Japanese mother, identified as Yoko, 35, who had a Chinese husband, was examined during her pregnancy from September 2004 to January 2005 in a medical center in Jing'an District. The center was not named in court.

She was suspected of having an abnormal fetus and it was suggested an amniocentesis be done.

However, the procedure wasn't carried out because her husband refused the test after an ultrasonic check didn't reveal much abnormality. But there was no signature of Yoko or her husband to confirm that on the record, the court heard.

On January 7, 2005, Yoko gave birth to a boy who suffered from schistorachis, a congenital malformation which affects walking.

Yoko said in the lawsuit that the medical center had violated her right to know about the condition of her pregnancy. The medical center hadn't told her about the abnormal condition of the fetus.

The center told the court that it had suggested an amniocentesis test for further diagnosis but that had been refused. The congenital disease had nothing to do with its medical examinations.

The medical expertise from the city's medical association decided the hospital should bear major responsibility because there was no written notice with the signature of Yoko and her family members. Also, the hospital didn't monitor the fetus's condition closely given that the test hinted a high risk of a congenital disease.

The court ruled the hospital had deprived Yoko of her right to choose whether or not to have the baby and should pay compensation, including 70,000 yuan, for mental anguish.